Chronic pain – Are you entitled to compensation?

Chronic pain – Are you entitled to compensation?

Are you still experiencing pain months after an accident and injury? Pain lasting longer than three months could be a sign of a chronic pain disorder.

Chronic pain disorders are often triggered by an injury or trauma and can last for several years. The pain can be debilitating, often with life-changing outcomes for the patient.

WHAT ARE CHRONIC PAIN DISORDERS?

There are different types of pain disorders, but they often share a common theme. The pain starts after an injury. It can be on a single limb or can spread to other parts of the body.

According to The Judicial College Guidelines (JCG), examples of chronic pain disorders include:

Fibromyalgia
Chronic Pain Syndrome
Chronic Fatigue Syndrome (also known as ME)
Conversion Disorders (also known as Dissociative Disorders)
Somatic Symptom Disorders

SYMPTOMS

Chronic pain disorders are often difficult to diagnose as symptoms are wide-ranging. Many are often undiagnosed or misdiagnosed. Possible symptoms include:

Skin sensitivity
A knock or change in temperature which causes intense pain
Swollen limbs
Muscle stiffness
Changes in colour to the skin
Changes in body temperature
Tiredness
Insomnia
Headaches
Bowel problems

THE JUDICIAL COLLEGE GUIDELINES

There are different diagnoses for these pain disorders. The level of compensation, known as general damages, for pain, suffering, and loss of amenity is set out in the JCG.

Lawyers and Judges use figures from The JCG as guidance to value a claim based on the medical evidence.

Complex Regional Pain Syndrome (CRPS) is a condition characterized by intense, burning pain.

This can make moving or even touching an affected limb intolerable.

In severe cases, claimants could receive between £49,270 to £78,840.

The guidelines state: “In such cases the prognosis will be poor; ability to work will be greatly reduced if not completely eliminated; significant care/domestic assistance needs; co-existing psychological problems may be present. At the top end of the scale, symptoms may have spread to other limbs.”

With other pain disorders, claimants could receive between £39,530 to £59,110.

The guidelines state: “In these cases significant symptoms will be ongoing despite treatment and will be expected to persist, resulting in adverse impact on ability to work and the need for some care/ assistance. Most cases of Fibromyalgia with serious persisting symptoms will fall within this range.”

COMPENSATION

If the accident which caused your initial injury and subsequent ongoing pain was someone else’s fault you could claim compensation.

You can claim compensation for the injuries sustained as above but also for your out-of-pocket expenses, such as loss of earnings; care and assistance; rehabilitation, which often involves a comprehensive multidisciplinary pain management programme; medical costs; pain relief; aids and equipment and psychological therapy.